Hi All,

I have been living in a private rented property for 14 months now. Up until today, both the letting agents and landlord have been spot on.

Yesterday morning we woke to a broken double glazed window. This happened over night and was through no fault of our own as the tenant. I phoned the letting agents to be told "Sorry, glass is your problem to replace". My main concern was getting rid of the broken window and being secure so I had a company in to quote for a replacement. The fitters who came straight away said there are very obvious signs that the window has failed due to a manufacturing defect and has showed me how I can evidence this. He has also said he is willing to write a report confirming this with pictures and that Pilkington, the manufacturer will do the same.

We have been good tenants, not over expecting, always paid on time and have looked after the place very well.

The letting agents originally told the landlord that I broke the window so the landlord said it was my responsibility to change. I can understand that. If I had of broken it through my own fault, I would never expect them to pay to repair.

I asked the letting agents to go back again and explain the situation clearly including that I will be able to supply professional evidence of no wrong doing on my behalf.

Today I have had an email back stating that as a gesture of good will, the landlord will replace this one however in future it is my responsibility. Now, I do not want to sour my relationship with either the landlord or letting agents but to me this is not on.

My contract does state;

To keep the interior of the property (including glass in the windows and lock fastenings and fittings of the outer doors and windows) and the effects in as good and substantial repair and condition as at the date hereof (fair wear and tear excepted) and (where applicable) all electrical and other mechanical apparatus in good working order and to immediately replace broken glass upon the occurrence of any breakage

However surely a failure through no fault of my own can be my responsibility?

Some advice would be much appreciated.

Well I think all you can do here is respond to the offer with a note thanking them but also enclosing a copy of the report which points out that it is clearly a structural problem and that you would suggest that they get all the windows in the building checked out because there is a possibility that it might happen again.

I wouldn't make any other point than that. There is no point in locking horns at the moment – until the next window breaks.

At least by writing the letter and enclosing the report, they have advance notice of it and this will give you a very good position if it happens again.

LL is not acting unfairly, you signed an AST making you resp for any window glass breakage. If you are prepared to pay for glass stress testing to demonstrate a mauf fault, you may have a negotiating point with LL. I am not saying such problems do not occur in d/g but they are rare. NEGOTIATE with LL.

basically, if another window breaks you pay for and effect its replacement and then argue about the cause afterwards, that way you stick to the terms of the tenancy and also utilise the law to get the redress if necessary. I would avoid saying anything to the letting agent should the matter arise, they cant do or say anything useful as any recompense you would be entitled to are via the landlord as a third party anyway ( ie manufacturer or fitter liability).

Is there any mileage in a 'strict construction' of the term in the lease?.

I phoned the letting agents to be told "Sorry, glass is your problem to replace".

 

......

 

My contract does state;

 

To keep the interior of the property (including glass in the windows and lock fastenings and fittings of the outer doors and windows) and the effects in as good and substantial repair and condition as at the date hereof (fair wear and tear excepted) and (where applicable) all electrical and other mechanical apparatus in good working order and to immediately replace broken glass upon the occurrence of any breakage

I'd argue that it is your responsibility to replace (/ arrange replacement of) the broken glass, but that this is distinct from who ultimately ends up paying for it!.

You may have to 'shell out' initially, and pay if it was your fault, but if it was due to a manufacturing fault the LL should be recovering the cost from the retailer and passing it back to you.

I'd phrase this to the LL as "I don't want to be out of pocket, so I'd like to claim against the retailer. Can you help me with this?"

If they aren't budging, note "unfortunately, I've been told I have no claim against the retailer directly, I'd need to go after you and then you go after the retailer -

I don't want to do this without you having a say in things ; how would you like me to proceed? Do you want to take it up with the retailer and pass the refund back to me"

From the landlord's point of view, they seem happy to pay but, not unreasonably, they don't want to set a precedence.

So accept the offer and fingers crossed.

However, check whether the windows are well fitted so that they can be opened and closed easily and without force. If you need to slam them shut or use force to open and closed them, it could put pressure on the pane. Let the landlord know so that there is an opportunity for the fittings to be adjusted or lubricated before further damage occurs.